Owners of the 32 units at Lake Williams Condominiums that were destroyed in a six-alarm fire almost a year ago say they are unhappy with a city decision to prohibit rebuilding.

Building Commissioner Michael Mendoza last month rejected a proposal from the Lake Williams Condominium trust to rebuild the structure, which was torn down after fire tore through the building on April 23.

The trust has appealed Mendoza’s decision and will appear before the Zoning Board of Appeals Tuesday.

The main bone of contention between the two sides revolves around whether the structure that burned was part of a larger building or a standalone structure. The condo building is inconsistent with the area’s current zoning, but zoning law states that a non-conforming structure could be rebuilt without requiring a special permit or variances if less than 75 percent of the building was destroyed.

The condo trust contends that the structure was destroyed was one of two towers from the same building. The other tower, behind the structure that burned, was the second tower, the association’s attorney said, meaning that just about 50 percent of the overall building was destroyed.

Mendoza, in his rejection of the building permit, said the part of the development that burned was a standalone building, meaning that 100 percent of the building was destroyed and anything built there would have to comply with current zoning.

Mendoza, who didn’t return calls for comment Thursday, said in his ruling that the development’s insurance agency viewed the fire as a 100 percent loss, which he said supports his argument.

Owners of the condos, who are still paying their mortgages and monthly condo fees, say they are unhappy with Mendoza’s reading of the zoning and just want rebuilding to get under way.

"Everything has kind of been hung up with a lot of red tape," said Heather McGuire Bourke, who owns and lived in one of the units with her husband. "We’re all just stuck. We keep paying our mortgages and our condo fees every month."

An attorney hired by the trust said she doesn’t think Mendoza’s reading of the site is correct.

"Our interpretation is that we were built as one building - we were permitted as one building," said attorney Sandra Austin. "It is one building, according to zoning regulations and case law."

Deborah Jean, the managing agent for the property through property manager Phoenix Company, said the city has suggested building the new building at a different spot on the site, but said that proposal would drive costs up substantially, as a foundation already exists where the building once stood.

Condo owners and property managers, along with state Rep. Danielle Gregoire and representatives from Sen. Jamie Eldridge’s office, are expected to visit the property today.?FRI ?The ZBA hearing is scheduled for 7 p.m. Tuesday.